[ncdnhc-discuss] [Resolution]Representatives' Conflicts of Interests in the ICANN Process

[YJ Park]

Dear all,

This was updated after Alejandro's comment which is now inserted
as option 2 together with option 1. I personally think option 2 is realistic
however, there have been some comments and requests earlier that
option 1 is the way to proceed.

Looking forward to your comments...
YJ

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Draft version 1.0
[Resolution]Representatives' Conflicts of Interests in the ICANN Process


May. 2. 2002

YJ Park

1. Appointees vs Representatives in the ICANN process

1.1. Who are the Representatives?

- The elected individuals as Council members.
- The elected individuals as member of Administrative Committee, or
   President or member of Executive Committee, Secretariat, etc.
- The elected individuals as experts such as whois, UDRP, Structure TF etc
   from her/his own constituency.

The elected representatives are expected to represent the constituency's
views to both various committees and Task Forces in the ICANN process.

1.2. Representatives' Accountability and Responsibility

Regardless of the position as elected representatives, they are required
to abide by "Conflicts of Interests" rules. The views of representatives are
respected as the constituency's voices, which can be reviewed by the
constituency either before-hand or after-hand.

1.3. Appointees' Responsibility

Appointees who are participating in ICANN's TF or Committee within her/
his personal capacity are not required to abide by the conflicts of
interests
rules but they can choose to follow the rules. The views of the appointees
are
considered as their personal opinion which does not have to be reviewed by
the constituency. Their expertise is incorporated into the final report of
the TF
or Committee as opinion.

2. Conflicts of Interests

If a representative turns out that she/he is involved with either new gTLD
or exisitng gTLD divestiture process or Whois or UDRP or etc,

[option 1]
the representative is required to resign from the very Council, NC(DNSO),
AC(ASO), PC(PSO), ICANN Board, DNSO Task Force member, ICANN
Task Force member and WG Chair etc.

[option 2]
As soon as a person is in a position of conflict of interest, she/he must
disclose it publicly and appropriately. On the other hand, the
representative
is still on the committee but required to recuse from voting and in most
cases
participation in discussions on the subject where there is conflict.

When it comes to the representative's direct involvement, the following
can be regarded as conflicts of interests.

- If the representative prepares to create a company or non-profit entity
  which tries to make a bid or is involved with the issue.
- If the representative is hired as consultant or advisor or full-time or
part-time
  employee by a company or a non-profit entity which tries to make a bid
  or is involved with the issue commercially.
- If the representative is on the board of the company or a non-profit
entity
  which tries to make a bid or is involved with the issue commercially.
- If there is a concern that the very representative can be unfairly
benefited
  by being part of the committee or TF member.
- etc
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